I am in the midst of a custody battle, though I have temporary sole custody of my children.
I have a lot of upcoming business travel that I cannot cancel, so I am wondering if I can assign power of attorney or temporary custody to my mother who is currently living with my children and I?
That would keep them in the same custodial environment and hopefully not hurt my chances of keeping custody.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Colorado divorce laws where I am licensed to practice.
This may not be a simple matter of a power of attorney. Powers of attorney are often misinterpreted in what they can accomplish. They can assign your legal rights and financial matters to the care of another but child “custody” may not be covered under a power of attorney depending on your state’s laws.
For example, where I practice, divorce attorneys often craft into our parenting plans what is called a “right of first refusal.” Essentially, it’s a clause that says when the parent that’s entitled to exercise parenting time isn’t available, he or she has to offer it to the other parent rather than getting day care, babysitters, etc.
So you also have to determine what any of your current parenting time orders state regarding first right of refusal.
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In my state, there is case law (determinations by judges interpreting the statutes) that says that a parent can delegate parenting time, at least to a stepparent, in cases where he or she is active military and deploying. But these can be unique circumstances and depend on the parties, the state’s laws, and the circumstances of the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.